A stroke can result in a serious impairment. However, it is not necessarily disabling. Social Security has a strict set of guidelines regarding strokes. Social Security will consider your remaining functional capacity for work after your stroke.
1. Your age can be a very important factor. If you are under age 50 and can still do some form of work such as clerical work then your stroke will probably not entitle you to benefits.
2. Your age can work in your favor. If you are over 55 with only a high school education and a past history of manual labor, then you would have a very good case for disability if your stroke now prevents you from doing manual labor. Social Security says in order to do Light Duty Work you must be able to stand and walk six hours out of an eight hour work day. If this function is now impaired and you are over 55, you may have a strong case for disability.
3. Your past work experience is an important factor. As noted above, a past history of only manual labor can make your case for disability much easier with a stroke. This is especially true with a stroke if it means you have some partial paralysis that prevents manual labor.
4. Conversely, a past history of only clerical work may mean you can easily return to that type of work despite your stroke. This is so because clerical work is usual considered very light work or sedentary work.
5. The skill level of your past work is also important. As a general rule the more skills you possess the more difficult it is going to be to obtain disability benefits. This is so because a skilled worker can transfer his/her skills to many different occupations many of which may be light enough to do even after a stroke. A professional can still do his work behind a desk even though he now has to use a cane due to the stroke. However, if his speech is impaired by the stroke then perhaps he cannot do his former work.
6. When it comes to a stroke, an opinion from a neurologist regarding one ‘s functional abilities can be decisive in a disability case. But a simple statement that one is "disabled" is not enough. It is better if the physician prepares a comprehensive statement describing how one's abilities to lift, walk, sit, etc. are compromised by the patient's stroke. In my cases I almost always have a Stroke Functional Evaluation completed by the treating neurologist or if one is not available then the claimant's primary treating physician will have to do the report.
7. The neurological impairment listings are found at 11.04 of Social Security's Listing of Impairments. If a neurologist says your impairment meets or equals one of these listings then your case for disability will be very strong.
8. An important measure of your remaining functional ability is any paralysis due to the stroke. A neurologist can measure your remaining functional capacity after the stroke. An important factor is whether or not you need a cane or a walker to walk.
If you are denied on your initial application, you should consult an attorney who specializes in Social Security Disability. You can review my other article on "How to Find the Best Virginia Social Disability Lawyer" for some tips on finding an experienced Social Security Disability attorney.
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
I have been representing claimants in Virginia for over 30 years. In the July 1999 issue of Richmond Magazine I was rated one of the Best Workers' Compensation Lawyers in Central Virginia. In 2003 I received the "AV" rating from Martindale-Hubbell, its highest rating for lawyers.You can get more information from http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com |
